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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
T-Mobile USA, Inc. ) File No. EB-02-TS-012
) NAL/Acct. No.
200332100006
) FRN 0006-9459-50
ORDER
Adopted: July 14, 2003 Released: July 17,
2003
By the Commission:
1. In this Order, we adopt a Consent Decree
terminating an investigation into possible violations by T-
Mobile USA, Inc. (``T-Mobile'') of the enhanced 911
(``E911'') Phase II provisions of Section 20.18 of the
Commission's Rules (``Rules'')1 with respect to its Global
System for Mobile Communications (``GSM'') network and the
Commission Order granting T-Mobile a waiver of the E911
Phase II rules for its GSM network.2
2. The Commission and T-Mobile have negotiated
the terms of a Consent Decree that would resolve this matter
and terminate the investigation. A copy of the Consent
Decree is attached hereto and incorporated by reference.
3. Based on the record before us, we conclude
that no substantial or material questions of fact exist as
to whether T-Mobile possesses the basic qualifications,
including those related to character, to hold or obtain any
FCC license or authorization.
4. After reviewing the terms of the Consent
Decree, we find that the public interest would be served by
approving the Consent Decree and terminating the
investigation.
5. Accordingly, IT IS ORDERED, pursuant to
Sections 4(i) and 4(j) of the Communications Act of 1934, as
amended,3 that the attached Consent Decree IS ADOPTED.
6. T-Mobile shall make its voluntary
contribution to the United States Treasury by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Federal
Communications Commission, Forfeiture Collection Section,
Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-
7482. The payment should reference NAL/Acct. No.
200332100006 and FRN 0006-9459-50. 7. IT IS FURTHER ORDERED that the Commission
investigation into the matter described herein is
terminated.
8. IT IS FURTHER ORDERED that the Secretary
SHALL SIGN the Consent Decree on behalf of the Commission.
FEDERAL COMMUNICATIONS
COMMISSION
Marlene H. Dorch
Secretary
CONSENT DECREE
The Federal Communications Commission (``FCC'') and T-
Mobile USA, Inc (``T-Mobile'') hereby enter into a Consent Decree
resolving possible violations by T-Mobile of the E911 Phase II
provisions of Section 20.18 of the Commission's Rules, 47 C.F.R.
§ 20.18, and the waiver granted to VoiceStream Wireless
Corporation4 in Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems, Fourth
Memorandum Opinion and Order, 15 FCC Rcd 17442 (2000)
(``VoiceStream Waiver Order'').
Statement of Facts
9. In September 2000, the Commission granted T-Mobile
a temporary, conditional waiver of the E911 Phase II rules to
implement a hybrid network and handset-based technology called
Enhanced Observed Time Difference of Arrival (``E-OTD'') across
its Global System for Mobile Communications (``GSM'') network.5
On December 21, 2001, T-Mobile filed a request for modification
of its waiver, proposing a new deployment schedule for its GSM
network.6 Subsequently, on February 28, 2002, T-Mobile amended
its modification request.7 On December 13, 2002, the Wireless
Telecommunications Bureau issued an Order dismissing T-Mobile's
request for limited modification of the waiver and referring
issues regarding T-Mobile's compliance with the E911 Phase II
rules on its GSM network to the Enforcement Bureau.8 On March
21, 2003, T-Mobile submitted a letter notifying the Commission
that it had decided to implement a network-based Phase II
solution in lieu of E-OTD.9
Terms of Settlement
10. For the purposes of this Consent Decree, the
following definitions shall apply:
(a) ``FCC'' or ``Commission'' means the Federal
Communications Commission.
(b) ``Parties'' means T-Mobile USA, Inc. and the
Federal Communications Commission.
(c) ``T-Mobile'' means T-Mobile USA, Inc., Powertel,
Inc., their subsidiaries, and any successors or
assigns.
(d) ``Adopting Order'' means an order of the FCC
adopting this Consent Decree.
(e) ``Effective Date'' means the date on which the FCC
releases the Adopting Order.
(f) ``Rules'' means the Commission's regulations found
in Title 47 of the Code of Federal Regulations.
(g) ``Act'' means the Communications Act of 1934, as
amended, 47 U.S.C. § 151 et seq.
(h) ``Valid PSAP Request'' means a Public Safety
Answering Point (``PSAP'') request for Phase I or
Phase II service as defined in the Commission's
rules governing E911 and any orders of the
Commission interpreting such rules.
(i) ``Deploy'' means installation at a cell site of
all hardware and base release software necessary
to provide Phase II service.
11. The Parties agree that the provisions of this
Consent Decree shall be subject to final approval by the FCC by
incorporation of such provisions by reference in an Adopting
Order.
12. The Parties agree that this Consent Decree shall
become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this
Consent Decree shall have the same force and effect as any other
order of the Commission and any violation of any term of this
Consent Decree shall constitute a violation of a Commission order
entitling the FCC to exercise any and all rights and to seek any
and all remedies authorized by law for the enforcement of a
Commission order.
13. T-Mobile agrees that the FCC has jurisdiction over
the matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.
14. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between T-
Mobile and the FCC regarding any possible violations of the E911
Phase II rules and the VoiceStream Waiver Order. In
consideration for termination by the Commission of its
investigation into whether T-Mobile has violated the E911 Phase
II rules and the VoiceStream Waiver Order, and in accordance with
the terms of this Consent Decree, T-Mobile agrees to the terms
set forth herein.
15. In express reliance on the covenants and
representations in this Consent Decree, the FCC agrees to
terminate its investigation into whether T-Mobile has violated
the E911 Phase II rules and the VoiceStream Waiver Order.
16. T-Mobile agrees to comply with the E911 Phase II
rules modified as follows:
(a) First, T-Mobile agrees:
(1) To deploy a compliant Phase II technology at
a minimum of 1,000 cell sites for its network by
nine months after the release of the Adopting
Order.10 In meeting this benchmark, T-Mobile must
give priority to markets with pending valid PSAP
requests first.
(2) To deploy a compliant Phase II technology at
a minimum of 2,000 cell sites for its network by
ten months after the release of the Adopting
Order. In meeting this benchmark, T-Mobile must
give priority to markets with pending valid PSAP
requests first.
(3) To deploy a compliant Phase II technology at
a minimum of 4,000 cell sites for its network and
to provide Phase II service at 2,000 of these
sites by 13 months after the release of the
Adopting Order. In meeting this benchmark, T-
Mobile must give priority to markets with pending
valid PSAP requests first.
(4) To deploy a compliant Phase II technology at
a minimum of 6,000 cell sites for its network by
16 months after the release of the Adopting Order.
In meeting this benchmark, T-Mobile must give
priority to markets with pending valid PSAP
requests first.
(5) To deploy a compliant Phase II technology at
a minimum of 8,000 cell sites for its network by
19 months from the release of the Adopting Order,
if necessary to meet a valid PSAP request pending
more than six months as of that date. In meeting
this benchmark, T-Mobile must give priority to
markets with pending valid PSAP requests first.
(6) For any valid PSAP requests for Phase II
service received by T-Mobile on or before April
30, 2003, T-Mobile must provide a compliant Phase
II service to 100% of those PSAPs' coverage areas
or population by 22 months after the release of
the Adopting Order.
(7) For any valid PSAP requests received after
April 30, 2003, but on or before February 28,
2004, T-Mobile must provide a compliant Phase II
service to 50% of those PSAPs' coverage areas or
population by no later than 19 months after the
release of the Adopting Order, and to 100% of
those PSAPs' coverage areas or population by no
later than 22 months after the release of the
Adopting Order.
(8) For valid PSAP requests received after
February 28, 2004, T-Mobile must provide a
compliant Phase II service to 50% of those PSAPs'
coverage areas or population within six months of
receipt of such request and covering 100% of those
PSAPs' coverage areas or population within 15
months of receipt of a valid PSAP request.
(9) Until T-Mobile delivers TDOA location
information to a PSAP that, as of the Effective
Date, is receiving and utilizing Network Safety
Solution (``NSS'') location information, T-Mobile
will continue to support the delivery of such NSS
information, unless the PSAP agrees to terminate
the delivery of such information.
(10) T-Mobile will enter into an agreement with
each PSAP currently receiving and utilizing E-OTD
location information as to the dates,
respectively, by which provision of E-OTD location
information will be terminated and provision of
TDOA location information will be initiated.
(b) Second, T-Mobile agrees that its classification of
a PSAP request as invalid will not insulate it from enforcement
action if the Commission determines that the request was valid.
(c) Third, T-Mobile states that it is relying on
vendor representations in agreeing to the deployment schedule set
forth herein and for its belief that a network-based solution
will satisfy the Commission's accuracy requirements.11
(d) Fourth, in any market where T-Mobile has received
a Valid PSAP Request and has not yet deployed its network-based
solution, when 100 percent of new digital GSM handsets being
activated by T-Mobile are location capable, T-Mobile may satisfy
that request using a Phase II compliant handset-based technology
to provide Phase II E911 service instead of its network-based
technology.
(e) Fifth, T-Mobile agrees that in the event it fails
to comply with any of the benchmarks set forth in paragraph
8(a)(1) through (5), it will make a voluntary contribution to the
United States Treasury in the amount of $450,000 for the first
missed benchmark, $900,000 for the second missed benchmark and
$1,800,000 for the third missed benchmark and any subsequently
missed benchmarks. Any such voluntary contribution will be made
within thirty (30) days of the missed benchmark or within five
business days of a Commission decision denying a request to
modify the benchmark date, whichever is later, by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications
Commission, Forfeiture Collection Section, Finance Branch, P.O.
Box 73482, Chicago, Illinois 60673-7482. The payment should
reference NAL/Acct. No. 200332100006, as well as T-Mobile's FCC
Registration Number (``FRN'') 0006-9459-50.
(f) Sixth, T-Mobile must file Quarterly Reports, on
its progress and compliance with the terms and conditions of the
Consent Decree and the wireless E911 rules, as set forth in
paragraphs 9-11, infra.12
(g) Seventh, with its August 1, 2003 Quarterly Report,
T-Mobile must submit a Phase II rollout plan describing how it
will prioritize valid PSAP requests and deploy Phase II service
in its network.
17. To assist in monitoring and enforcing each of the
conditions imposed on T-Mobile, T-Mobile must file Quarterly
Reports with the Chief of the Enforcement Bureau and the Chief of
the Wireless Telecommunications Bureau regarding its network.
18. Specifically, the Quarterly Reports must include
the following information:
(a) The Report must include information on all pending
Phase I and Phase II requests in T-Mobile's network, including
the name of the PSAP, the date the request was received by the
carrier, whether or not T-Mobile considers it valid, and its
status. To the extent any valid PSAP request for Phase II
service in T-Mobile's network received after February 28, 2004,
has been pending for more than six months and Phase II service
has not been implemented in accordance with Section 20.18(f), T-
Mobile must identify the specific reasons underlying the failure
to provide the requested service, the steps T-Mobile has taken to
resolve the problems, and the anticipated date of full completion
of the work necessary to deliver the requested information to the
PSAP in question. If T-Mobile believes there are questions
concerning a PSAP's compliance with the conditions necessary for
a valid Phase I or II request, such as its readiness to receive
and utilize Phase I or Phase II information, it should identify
specifically whether the request is tolled pursuant to §
20.18(j)(3) of the Rules or is the subject of a certification
filed pursuant to § 20.18(j)(4) of the Rules. If the request is
not tolled or the subject of a certification, T-Mobile should
identify the question and the efforts it has undertaken,
including the communications it has had with the PSAP, to resolve
the question. T-Mobile agrees to serve this report on the
Association of Public-Safety Communications Officials-
International, Inc., the National Emergency Number Association,
and the National Association of State Nine One One
Administrators.13 In addition, the Commission will post this
information on its website.14 The Parties agree that the
Wireless Telecommunications Bureau may require any additional
steps necessary to ensure PSAP access to this information.
(b) Each Quarterly Report also must contain statements
regarding whether T-Mobile has met each deployment benchmark
falling due in the period immediately preceding the Quarterly
Report, and, if not, the reasons for its failure to comply. Each
Quarterly Report must contain:
(1) a statement of whether T-Mobile's network-
based technology for delivering E911 Phase II
location information meets the Commission's
network-based accuracy requirements of 100 meters
for 67 percent of calls and 300 meters for 95
percent of calls;
(2) for the benchmark set forth in paragraph
8(a)(1), a statement of whether T-Mobile has
deployed a Phase II compliant technology at a
minimum of 1,000 cell sites, giving priority to
markets with pending valid PSAP requests, and
identifying the 1,000 cell sites;15
(3) for the benchmark set forth in paragraph
8(a)(2), a statement of whether T-Mobile has
deployed a Phase II compliant technology at a
minimum of 2,000 cell sites, giving priority to
markets with pending valid PSAP requests, and
identifying the 2,000 cell sites;
(4) for the benchmarks set forth in paragraph
8(a)(3), a statement of (i) whether T-Mobile has
deployed a Phase II compliant technology at a
minimum of 4,000 cell sites, giving priority to
markets with pending valid PSAP requests, and
identifying the 4,000 cell sites, and (ii) whether
T-Mobile is providing Phase II service at 2,000 of
these sites, and identifying the 2,000 cell sites;
(5) for benchmark set forth in paragraph 8(a)(4),
a statement of whether T-Mobile has deployed a
Phase II compliant technology at a minimum of
6,000 cell sites;
(6) for the benchmark in paragraph 8(a)(5), a
statement of whether T-Mobile has deployed a
compliant Phase II technology at a minimum of
8,000 cell sites;
(7) for any valid PSAP request for Phase II
service on its network received by T-Mobile on or
before April 30, 2003, a statement of whether T-
Mobile has provided its Phase II compliant
solution to 100% of those PSAPs' coverage areas or
population within 22 months after the release of
the Adopting Order;
(8) for any valid PSAP requests for Phase II
service on its network received by T-Mobile after
April 30, 2003, but on or before February 28,
2004, statements of whether: (i) T-Mobile has
provided its Phase II compliant solution to 50% of
those PSAPs' coverage areas or population within
19 months after the release of the Adopting Order;
and (ii) T-Mobile has provided its Phase II
compliant solution to 100% of those PSAPs'
coverage areas or population within 22 months
after the release of the Adopting Order;
(9) for any valid PSAP request received after
February 28, 2004, a statement of whether T-Mobile
is providing a compliant Phase II service to 50%
of those PSAPs' coverage areas or population
within six months of receipt of the request and to
100% of those PSAPs' coverage areas or population
within 15 months of receipt of the request; and
(10) a statement of whether T-Mobile is providing
NSS location information to PSAPs for all
deployments that were receiving and utilizing such
information as of the Effective Date, and that are
not yet receiving TDOA location information, and
whether T-Mobile has reached an agreement with any
PSAP that was receiving E-OTD location information
as of the Effective Date, as to the dates,
respectively, for termination of the provision of
such E-OTD location information and the transition
to the provision of TDOA location information.
(c) T-Mobile must support each Quarterly Report with
an affidavit, from an officer or director of T-Mobile, attesting
to the truth and accuracy of the report.16
(d) In addition to the requirements of paragraph
10(b), T-Mobile must notify the Commission of the results of its
validation tests of its network-based location technology within
30 days of completion. Further, to the extent T-Mobile
anticipates that it will fail to satisfy any one of the
conditions herein, it also must advise the Commission of the
problem within 30 days. Seeking relief from that condition will
not, in and of itself, insulate T-Mobile from possible
enforcement in cases where T-Mobile has violated a condition of
this Consent Decree. T-Mobile agrees that the Commission will
not entertain requests for additional relief that seek changes in
the conditions of this Consent Decree absent extraordinary
circumstances.
(e) T-Mobile must also file a supplemental report
within 15 days after the 22 month benchmarks set forth in
paragraph 8(a)(6) and 8(a)(7), containing statements of whether
(i) for any valid PSAP request for Phase II service on its
network received by T-Mobile on or before April 30, 2003, T-
Mobile has provided its Phase II compliant solution to 100% of
those PSAPs' coverage areas or population within 22 months after
the release of the Adopting Order; and (ii) for any valid PSAP
requests for Phase II service on its network received by T-Mobile
after April 30, 2003, but on or before February 28, 2004, T-
Mobile has provided its Phase II compliant solution to 100% of
those PSAPs' coverage areas or population within 22 months after
the release of the Adopting Order.
(f) To the extent T-Mobile cannot provide the
information required under this paragraph in its next Quarterly
Report following the respective benchmark, it must file with the
Chief, Enforcement Bureau, a request for extension of time to
file the required information. Such request must be filed as
early as possible before the Quarterly Report filing date, but
generally no later than 10 business days prior to the Quarterly
Report filing date. The request must specify the reasons for the
request.
(g) T-Mobile's Quarterly Reports are due February 1,
May 1, August 1 and November 1 of each year, beginning August 1,
2003 and continuing through February1, 2006. To the extent that
T?Mobile cannot provide any of the information required in its
final report, it must file with the Chief, Enforcement Bureau, a
request for extension of time to file the required information in
accordance with the procedures set forth above.
19. The Parties agree that the Chiefs of the Wireless
Telecommunications Bureau and the Enforcement Bureau may require
T-Mobile to provide additional information in its Quarterly
Reports, in order to evaluate T-Mobile's compliance with the
terms and conditions of the Consent Decree, and its progress in
deploying Phase II E911 services.
20. To the extent unexpected problems arise affecting
T-Mobile's ability to perform any of the requirements set forth
in paragraph 8(a) in the period between reports, T-Mobile agrees
to notify the Commission through a supplementary filing to be
filed within 30 days of T-Mobile's discovery of the problem.
This supplemental filing must include specific details regarding
the problems T-Mobile has encountered affecting its ability to
comply with the benchmark requirements.
21. For the benchmark specified in paragraph 8(a)(3),
T-Mobile must demonstrate compliance by filing, prior to the
benchmark date, a statement (i) whether T-Mobile has deployed a
Phase II compliant technology at 4,000 cell sites, giving
priority to fulfilling pending PSAP requests, and identifying the
4,000 cell sites, and (ii) whether T-Mobile is providing Phase II
service at 2,000 of these sites, and identifying the 2,000 cell
sites.
22. In the event that T-Mobile cannot meet the
benchmarks specified in paragraphs 8(a)(3), (6), (7), and (8) for
the provision of Phase II service because PSAPs served by certain
of the cell sites at which the Phase II compliant technology has
been deployed are subject to modified deployment schedules
pursuant to 47 C.F.R. § 20.18(j)(5), or are not capable of
receiving and utilizing the Phase II information, it must file,
before the benchmark date, a notification of its intention to
file certifications with respect to these PSAPs that comply with
requirements set forth in Revision of the Commission's Rules to
Ensure Compatibility with Enhanced 911 Emergency Calling Systems,
Petition of City of Richardson, Texas, CC Docket No. 94-102,
Order on Reconsideration, 17 FCC Rcd 24282 (2002). Such
certifications and a list of any PSAPs subject to modified
deployment schedules must be filed within 30 days after the
benchmark date.
23. As of the effective date hereof, this Consent
Decree shall supersede the VoiceStream Waiver Order and the
requirements contained therein and such Order and requirements
shall be of no force or effect.
24. T-Mobile agrees that it is required to comply with
each individual condition of this Consent Decree, including the
reporting requirements set forth above and the terms of the
accompanying Compliance Plan. Each specific condition and
Quarterly Report is a separate condition of the Consent Decree as
approved. In addition, T-Mobile remains subject to all other
requirements of the Commission's wireless E911 rules apart from
those specifically modified in this Consent Decree, and
ultimately responsible for providing timely, compliant Phase II
service to the input to the Selective Router. To the extent that
T-Mobile fails to satisfy any condition or Commission rule, in
the absence of Commission alteration or waiver of the condition
or rule, it will be deemed noncompliant and referred to the
Commission's Enforcement Bureau for possible action, including
but not limited to revocation of the relief, a requirement to
deploy an alternative ALI technology, letters of admonishment or
forfeitures. At that time an assertion that a vendor,
manufacturer or other entity was unable to supply compliant
products will not excuse noncompliance, and that the Commission
will consider its enforcement actions accordingly. However, T-
Mobile's ``concrete and timely'' actions taken with a vendor,
manufacturer or other entity may be considered as possible
mitigation factors in such an enforcement context. To the extent
that the Commission, in response to petitions for reconsideration
pending in Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems,
Request for Waiver by Nextel Communications, Inc., 16 FCC Rcd
18277 (2001), Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems,
Request for Waiver by Cingular Wireless LLC, 16 FCC Rcd 18305
(2001), Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems,
Request for Waiver by Verizon Wireless, 16 FCC Rcd 18364 (2001),
Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems, Petition of City of
Richardson, Texas, CC Docket No. 94-102, Order on
Reconsideration, 17 FCC Rcd 24282 (2002), or in connection with
any court order on review of those proceedings, imposes a
standard regarding compliance and enforcement action that is
different than set forth in this Consent Decree, that subsequent
standard shall apply.
25. T-Mobile agrees to make a voluntary contribution
to the United States Treasury in the amount of One Million One
Hundred Thousand Dollars ($1,100,000) within thirty (30) days
after the Effective Date. T?Mobile will make this contribution
without further protest or recourse by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Federal Communications Commission, Forfeiture
Collection Section, Finance Branch, P.O. Box 73482, Chicago,
Illinois 60673-7482. The payment should reference NAL/Acct. No.
200332100006 and T-Mobile's FRN 0006-9459-50. The FCC agrees
that it will not institute, on its own motion, any new
proceeding, formal or informal, or take any action on its own
motion against T-Mobile for the possible past violations of the
E911 Phase II rules and the VoiceStream Waiver Order. The FCC
also agrees that, in the absence of material new evidence related
to this matter, it will not use the facts developed in this
proceeding through the effective date of this Consent Decree or
the existence of this Consent Decree to institute on its own
motion any proceeding, formal or informal, or take any action on
its own motion against T-Mobile with respect to its basic
qualifications, including the character qualifications, to be a
Commission licensee. Nothing in this Consent Decree shall
prevent the FCC from instituting new investigations or
enforcement proceedings against T-Mobile pursuant to Sections
4(i), 403 and 503 of the Act, 47 U.S.C. §§ 4(i), 403 and 503, in
the event of any alleged future misconduct, for violation of this
Consent Decree, or for violation of the E911 Phase II rules
consistent with the provisions of this Consent Decree.
26. Nothing in this Consent Decree shall prevent the
FCC from adjudicating complaints filed pursuant to Section 208 of
the Act, 47 U.S.C. § 208, against T-Mobile or its subsidiaries
for alleged violations of Section 20.18 of the Rules as modified
by this Consent Decree, or for any other type of alleged
misconduct, regardless of when such misconduct took place. If
any such complaint is made, the FCC's adjudication of that
complaint will be based solely on the record developed in that
proceeding.
27. T-Mobile waives any and all rights it may have to
seek administrative or judicial reconsideration, review, appeal
or stay, or to otherwise challenge or contest the validity of
this Consent Decree and the Adopting Order, provided the Adopting
Order adopts the Consent Decree without change, addition or
modification.
28. If either Party (or the United States on behalf of
the FCC) brings a judicial action to enforce the terms of the
Adopting Order, neither T-Mobile nor the FCC shall contest the
validity of the Consent Decree or Adopting Order. T-Mobile
retains the right to challenge the FCC's interpretation of the
Consent Decree or any terms contained therein
29. T-Mobile agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. §
504 and 47 C.F.R. § 1.1501 et seq., relating to the matters
discussed in this Consent Decree.
30. In the event that this Consent Decree is rendered
invalid by any court of competent jurisdiction, this Consent
Decree shall become null and void and may not be used in any
manner in any legal proceeding. 31. The Parties agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual
or legal finding or determination regarding any compliance or
noncompliance with the requirements of the Act and the Rules,
including Section 20.18 of the Rules or the VoiceStream Waiver
Order. The Parties agree that this Consent Decree is for
settlement purposes only and that by agreeing to this Consent
Decree, T-Mobile does not admit or deny any liability for
violating Commission rules in connection with the matters that
are the subject of this Consent Decree.
32. The Parties agree that any provision of the
Consent Decree that would require T-Mobile to act in violation of
a future rule or order adopted by the Commission will be
superseded by such Commission rule or order. In this regard, the
Parties agree that any Commission rule or order that is more
stringent than any provision of the Consent Decree supersedes
such provision of the Consent Decree.
33. This Consent Decree may be signed in
counterparts.
For the Federal Communications Commission For T-Mobile
USA, Inc.
______________________________
______________________________
Marlene H. Dortch David A. Miller
Secretary General Counsel
______________________________
______________________________
Date Date
_________________________
1 47 C.F.R. § 20.18.
2 Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems,
Fourth Memorandum Opinion and Order, 15 FCC Rcd 17442
(2000).
3 47 U.S.C. §§ 154(i) and 154(j).
4 T-Mobile is the successor to VoiceStream Wireless
Corporation. For convenience, we will refer to the carrier as T-
Mobile throughout this document.
5 VoiceStream Waiver Order, 15 FCC Rcd at 17463. T-Mobile
also proposed to implement a network software solution (``NSS'')
that would make use of existing network capabilities to provide
immediate location information for all 911 calls on the network.
The Commission conditioned the waiver on T-Mobile's deployment of
NSS capability on its network. Id.
6 VoiceStream Wireless Corporation Request for Limited
Modification of E911 Phase II Implementation Plan, CC Docket No.
94-102 (filed December 21, 2001).
7 VoiceStream Wireless Corporation Amended Request for Limited
Modification of E911 Phase II Implementation Plan, CC Docket No.
94-102 (filed February 28, 2002)
8 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, T-Mobile USA, Inc.
Amended Request for Limited Modification of E911 Phase II
Implementation Plan), Order, CC Docket No. 94-102, 17 FCC Rcd
24908 (Wireless Telecom. Bur. 2002).
9 Letter from Robert A. Calaff, Senior Corporate Counsel,
Governmental and Industry Affairs, T-Mobile USA, Inc., to John B.
Muleta, Chief, Wireless Telecommunications Bureau, Federal
Communications Commission, and David H. Solomon, Chief,
Enforcement Bureau, Federal Communications Commission, filed
March 21, 2003.
10 T-Mobile currently plans to employ a network-based location
technology that has not yet been fully validated on T-Mobile's
network, but which T-Mobile currently expects will meet the Phase
II accuracy requirements and for which T-Mobile expects full
validation by December 31, 2003. T-Mobile must report to the
Commission the results of its validation tests within 30 days of
completion pursuant to the reporting requirement of paragraph
10(d). To the extent this network-based location technology does
not comply with the Commission's Phase II accuracy requirements,
T-Mobile must request approval from the Commission to employ an
alternative location technology that does comply with those
requirements. See infra paragraph 10(d).
11 As required by Section 20.18(h)(1) of the Commission's
Rules T-Mobile's network-based technology for delivering E911
Phase II location information must meet the following standard
for location accuracy: 100 meters for 67 percent of calls, 300
meters for 95 percent of calls. T-Mobile will derive its
network-wide location accuracy measurements by selecting the 67
percent and 95 percent accuracy numbers from test data weighted
in accordance with OET Bulletin No. 71, Guidelines for Testing
and Verifying the Accuracy of Wireless E911 Location Systems,
Apr. 12, 2000. T-Mobile's location accuracy testing should be
consistent with the guidelines in OET Bulletin No. 71, which
states that accuracy testing may be based on the coverage areas
of local PSAPs that request Phase II deployment or the wireless
carrier's entire advertised coverage area within a metropolitan
area.
12 These requirements are in lieu of the Semiannual Report
requirements set forth in the VoiceStream Waiver Order.
13 T-Mobile should serve the Executive Director of each
organization as well as its counsel, to the extent such counsel
has been identified in the record in response to T-Mobile's
request for relief.
14 See .
15 In the Quarterly Reports, where T-Mobile is required to
identify specific cell sites where it has either deployed a Phase
II compliant technology or where it is providing Phase II
service, it may do so by identifying the PSAP served by the cell
sites, and the number of cell sites associated with each PSAP.
For example, it could report that Phase II technology has been
deployed to County A PSAP, covering 300 cell sites; Locality B
PSAP, covering 600 cell sites, and Municipality C PSAP, covering
100 cell sites, for a total of 1,000 cell sites.
16 See 47 CFR § 1.16.